judgment that the will had not been produced on records; there were contradictions regarding written will in the mutation and there was no mention that ... could not be an oral will. The relevant part dealing with the Will reads thus:-
"It shows that mutation was being decided
appellants, could not retain photocopy of the
Will. The original Will, was, on the record of mutation. The mutation
file, could not be traced, despite ... Will, was produced, at the time of mutation. The mutation, was
sanctioned. The original Will, was attached with the mutation
proceedings. The applicants/appellants, could
proving the Will, the defendants did not dare to produce the
will on record. According to the defendants that the alleged Will was a registered ... unregistered
will. It is a matter of procedure of law that the will must be attached with the
copy of mutation which has not been
suit land.
Will was scribed by Anil Kumar Document Writer of Hisar. On the basis of
the said Will, mutation Nos.3963 and 682 were ... Will. Therefore, it cannot be assumed that she will be knowing
as to when her father had executed the Will and the mutations were
sanctioned
shrouding the
Will?
Counsel for the appellants has fairly conceded that original
Will is not a part of records of mutation proceedings summoned before ... application for proving the
Will by way of secondary evidence that original Will is available in the
records of mutation proceedings is patently false. Counsel
after the execution of the will.
(iii) The witnesses to the will
could not identify the testator.
(iv) The will was registered as
late ... validity of will and about
relevant factors for proving the execution of will. So far as the validity
of the will in the present case
Will, in favour of defendants No. 1 and
2, and after his death, on 07.12.97, on the basis of the said Will,
mutation ... record or for the
information of the court for making necessary
mutation. In such a case, the does not create or
extinguish any right
mutation was sanctioned on the basis of Will and no such
Will produced when mutation was challenged, the same is invalid as per
Sections ... sanctioning of mutation, as admitted by DW1 and DW2 in their
respective cross-examinations. Such mutation sanctioned in the absence
of any Will
mutation recorded on the basis of the said Will being mutation No. 146 dated 1.2.1974. Challenging these two documents the plaintiffs hai claimed possession. According ... Gauri Shanker. It was pleaded by the defendants that both the Will and mutation were proper and were not liable to be set aside
Will came to be executed and the execution of the Will also was not disputed. The only question is whether the Will came ... Will in question is an unregistered Will. Of course, the law does not require a Will to be compulsorily registered but the fads as noticed
